Статус дітей війни можуть надати всім неповнолітнім

Katerina Melnychenko
Katerina Melnychenko Deputy Editor-in-Chief
Статус дітей війни можуть надати всім неповнолітнім
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У Верховній Раді зареєстровано законопроєкт №15039, який пропонує автоматично визнавати постраждалими від воєнних дій усіх осіб, що були неповнолітніми під час повномасштабної агресії.

This is stated in draft law No. 15039 on amendments to the Law of Ukraine "On the Protection of Children".

The document provides for amendments to the Law of Ukraine "On the Protection of Children" and a change in the approach to defining children who have suffered as a result of military actions and armed conflicts.

It is proposed to revise paragraph 12 of Article 1 and define a child affected by military action as a child or a person who has not reached the age of 18 during military action. Part seven of Article 30-1 is also being amended — the status will be granted to every child who has not reached the age of majority during military action, and the decision will be made by the guardianship and custody authority at the place of application or discovery.

This is about enshrining in law the rule that all children who lived in conditions of full-scale aggression and martial law are recognised as victims, without the need to prove individual circumstances.

The authors explain the need for change by the fact that since the beginning of the full-scale invasion by the Russian Federation, all children in Ukraine have been negatively affected by the war, regardless of their region of residence or displacement. UNICEF data is cited: more than a third of children have been directly or indirectly affected by the war, 73% report feeling unsafe, 54% report frequent feelings of sadness or helplessness, and high levels of anxiety, depressive symptoms and post-traumatic stress are recorded. Even air raid sirens, interruptions to the educational process and constant uncertainty are considered psychologically traumatic factors.

Currently, Article 30-1 of the Law on the Protection of Children does not define at the legislative level a specific group of children who are recognised as victims. The grounds are established by subordinate legislation, which, according to the initiators, narrows the list and creates inequality depending on formal criteria.

It is expected that the adoption of the draft law will create a single legal basis for state policy on the protection of children in conditions of martial law and post-war recovery.

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